Victoria Police apologises, pays compensation to Corinna Horvath

Victoria Police's Chief Commissioner has apologised and paid compensation to a woman almost 20 years after her nose was broken in an unlawful police raid.

Chief Commissioner Ken Lay wrote to Corinna Horvath on Friday, following the United Nations' Human Rights Committee ruling in May that she should be compensated. It also ruled that Victoria Police should re-open an investigation into the police officers involved in the incident in 1996.

Long wait: almost 20 years after having her nose broken in an unlawful police raid, Corinna Horvath has won compensation from Victoria Police.Credit:Nic Kocher

Mr Lay said he had read and reflected on the committee's views. "I deeply regret what occurred and sincerely apologise for the injuries you suffered as a result," he said.

"I have approved an ex-gratia payment ... as full and final payment to you by way of compensation and hope / trust the payment, coupled with this apology, helps provide closure for you in relation to the events of 9 March 1996. I wish you all the best for the future."

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Eight police officers arrived at Ms Horvath's Somerville home after a dispute about an unroadworthy car. Some kicked in her front door, despite not having a warrant to enter the property. One of the officers, David Jenkin, held her down on the ground and punched her in the face.

Fairfax Media understands that three of the four police officers who were defendants in a civil case continue to serve in the force. The fourth left the force before the County Court case began. None were ever criminally charged, and disciplinary offences against two of the officers were later dismissed at hearing because the evidence did not meet the standard of proof required.

A spokeswoman for Victoria Police said Chief Commissioner Lay had been given legal advice that the organisation could not re-consider further disciplinary action against the officers involved in a matter "that has already been decided on the available evidence". It was up to IBAC Commissioner Stephen O'Bryan, QC, to decide whether to further investigate the incident.

In 2008, Ms Horvath's lawyers issued an "individual communication" to the United Nations Human Rights Committee on the matter, arguing the state government had violated her rights in a number of articles of the International Covenant on Civil and Political Rights.

The committee said in its decision in May that Australia was obliged to provide Ms Horvath an "effective remedy including adequate compensation (and) to take steps to prevent similar violations in the future".

It also found that the Victorian government should in future be held vicariously liable for all police misconduct and that an independent body should investigate such police misconduct in future in public hearings. The Abbott government was given till November to respond to the Committee's views.

The County Court ordered Victoria Police and the state government pay her and three other plaintiffs - her partner Craig Love, and Colleen and David Kniese - $315,000 compensation in 2001. But the then-state government successfully appealed the decision to the Court of Appeal, which found that it was not responsible for officers who acted outside reasonable procedures.

Ms Horvath declined to say how much she received from Victoria Police, which does not accept legal responsibility for the police officers' actions.

She and the other plaintiffs previously received a small amount of compensation from some of the four police officers they sued.

Ms Horvath was "stunned" when she learned of Victoria Police's response. "I'm glad I got the apology because that's one of the most important things is them admitting they'd done the wrong thing not just 'here's this money and shut up'."

She hoped that Mr Jenkin would be investigated independently for his actions and "stripped of his badge".

A spokesman for Ms Horvath's lawyers at Flemington-Kensington Legal Centre welcomed the move, but said it did not satisfy all of the committee's concerns: "Incidents like those experienced by Corinna Horvath are still occurring and before the courts," he said.

The state government should establish an independent body to investigate police misconduct complaints and a system for victims to access compensation for "violations of human rights perpetrated by police personnel".

"It is our hope that the Chief Commissioner and the State's acknowledgment of the wrongs suffered by Ms Horvath will now galvanise the Victorian Parliament to ensure such wrongs do not occur again," he said.

A spokesman for Victoria Police said the Chief Commissioner's apology was on behalf of all members of Victoria Police "including those still serving members who were involved in the incident."

He said the police had "come a long, long way since 1996" with police instructed on entering the academy of the importance of "integrity and respect in all their interactions with the community and those who fail to uphold our high standards are dealt with accordingly."

"We will not comment on the amount we are paying, but believe it to be reasonable and appropriate in the circumstances. Ms Horvath was the victim of a violent act. That police could have been involved in such violence will have shocked and disappointed the community."